2004: Ibtisam Hussein, child-murderer

Five years ago today, in Jordan’s Swaqa Prison, a 24-year-old woman named Ibtisam Hussein was hanged for drowning two young children in the Jordan Valley canal in 2002.

Ibtisam Hussein (or Ibtisam Hussain) was the only known execution in Jordan in 2004, after a manslaughter conviction was upgraded on appeal. The unfortunate five- and six-year-old victims belonged to members of her fiance’s family who opposed the engagement to Hussein … evidently with good reason.

The rope reportedly broke on the first attempt; she was executed successfully on a second try an hour later.

On this day..

1887: Roxalana Druse, the last woman hanged in New York

On this date in 1887, 40-year-old Roxalana Druse was hanged in Herkimer, N.Y.

Ms. Druse and her daughter* had slain, chopped to pieces and destroyed the remains of Roxalana’s 72-year-old husband William.

Attention to her case ran toward the hyperbolic.


Detail of image courtesy of Special Collections Department, Harvard Law School.

As Roxalana Druse’s fatal date approached, said the Saturday Globe (an early national paper here mining the product-moving public fascination with mayhem we have noted across the pond), “she has dwindled to a mere shadow of her former self and would hardly tip the scales at 85 pounds.”

Still, this infamous-at-the-time crime would be little more than a piece of period folklore were it not for the horrible end Druse suffered.

Shrieking with terror as she was hooded (so says the New York Times account, which also reports that she deferred her last statement to her Universalist spiritual counselor, who made a general denunciation of the death penalty), Roxalana Druse was hanged on an upward-jerking gallows — and the rope reportedly failed to snap her neck, leaving her to slowly strangle to death.

This botched job in a high-profile hanging intensified pressure on the New York legislature to do away with the gallows; the next year, it became the first jurisdiction in the world to adopt electrocution for death sentences.

And Roxalana? She’s preserved in local lore in Herkimer, where she is said to haunt the courthouse where she heard her sentence.

* Roxalana Druse insisted that her teenage daughter Mary had nothing to do with it. Mary received a prison sentence, and was pardoned in 1895.

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1943: Sophie Scholl of the White Rose

On February 22, 1943, Sophie Magdalena Scholl, former student of philosophy and biology at the University of Munich in Germany, was executed by guillotine for her role in the White Rose nonviolent Nazi resistance group.

Scholl was born just 21 years earlier and spent a carefree childhood in Ludwigsburg and later, in Ulm.

Although she initially joined Bund Deutscher Mädel at age 12 (as required), she quickly grew disenchanted with the group and began to identify strongly with the dissenting political views of some of her teachers, family, and friends.

While serving the required six months in the National Labor Service prior to enrolling in university, Scholl began exploring the philosophy and practice of passive resistance, which she was almost immediately able to put into practice at the University of Munich the following spring, where she quickly fell in with the compatriots of her older brother, Hans Scholl.

Initially a forum to entertain the abstract questions of budding young intellectuals, the group (which dubbed itself the White Rose) quickly moved towards taking a more active role in resistance to the Nazi regime.

How should an individual act under a dictatorship? What obligations, or indeed, power, did a group of half a dozen students have in the face of such stifling repression? As Sophie and her brother watched as their father was jailed for a critical remark made about Hitler to an employee, other group members shared stories of atrocities witnessed during war service (of the six members, all but Sophie were male).

It was agreed that some sort of action was necessary. But what?

The group began distributing a series of leaflets urging other Germans to join them in resistance against the Nazi regime. The earlier leaflets were mailed anonymously to addresses all over Germany (copied out of the phone book), but later, the group began targeting the student population. In Fellow Fighters in the Resistance, they wrote: “The name of Germany is dishonoured for all time if German youth does not finally rise, take revenge, smash its tormentors. Students! The German people look to us.”

Passive was their philosophy, but their language was most certainly not.

In February 1943, the group targeted the last of the series of six leaflets for distribution in the main building of the university. Scholl and her brother volunteered to distribute the leaflets one morning, and nearly were able to disappear into the throng of students once classes let out, before being spotted by a janitor and quickly arrested.

After hours of interrogation, Scholl had almost established her innocence, until investigators searched the siblings’ apartment and found proof of her guilt. At this point, she switched tactics and proudly stood by her actions, stating that she was obligated to act in accordance with her conscience and would freely do the same thing again, and this in the face of increasingly hostile and derogatory questioning by her interrogator.

Scholl, her brother Hans, and White Rose member Christoph Probst were subsequently brought to trial in the People’s Court in a crowd of hand-picked Nazi supporters and in front of the notorious Nazi judge Roland Freisler. Found guilty, each was allowed to give a brief statement. Scholl proclaimed, “Where we stand today, you will stand soon.”

Hans and Sophie Scholl and Probst were executed just hours after their trial. Sophie Scholl’s last words were: “Such a fine, sunny day, and I have to go, but what does my death matter, if through us thousands of people are awakened and stirred to action?”

Indeed, the pamphlet that led to Scholl’s death did have that very effect. Smuggled out of Germany later that year, the Allied Forces seized on it and dropped thousands of propaganda copies German cities later that year, retitled as “Manifesto of the Students of Munich”.

In the post World War II era, the Geschwister Scholl (Scholl siblings) have since attained an almost mythical stature in German culture and history, with numerous monuments and schools dedicated in their honor (as well as the famous University plaza the siblings crossed the day of their arrest). In a nationwide 2003 poll, Sophie and her brother Hans were voted the fourth most important Germans of all times, above Bach, Goethe and Einstein.

A celebrated movie about Sophie Scholl was released to critical acclaim in 2005, and the White Rose continues to be the subject of numerous books and articles, from the philosophical to the startlingly practical and pertinent questions of the present day, of just what an ordinary and relatively powerless individual can and should do under extraordinarily trying circumstances.

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1942: Mykhailo and Olena Teliha, Ukrainian artists

On this date in 1942, poet Olena Teliha and her husband Mykhailo were shot by the Nazis at Babi Yar for their Ukrainian nationalist activism.


Olena Teliha (top) and her husband, Mykhailo Teliha.

Having lived in Czechoslovakia (where they met and married) and then Poland during the interwar period, the Telihas weren’t present for the worst of Soviet depredations in Ukraine. Mykhailo, a bandurist, might have been in an especially bad way, since his musical genre of choice harkened to subversive themes of Cossack insurrection, and was therefore heavily persecuted.

Instead, they moved to Kiev as the German invasion opened the prospect of returning to their ancestral homeland. There they found their affiliation with the Organization of Ukrainian Nationalists quite unwelcome to the new occupiers.

Olena kept writing for a prohibited nationalist paper, and Mykhailo gamely stuck by her.

Without a Name

Neither love, nor caprice nor adventure–
Not everything must be named.
As not always in abysmal waters
Can one find a motionless floor.

And when Your reawakened soul
Again rushes to a luminous path,
Do not question whose inspired oars
Were able to cast aside the dark shore.

Neither love, nor tenderness, nor passion,
Only heart — tumultuous eagle!
Drink then splashes, fresh, effervescent,
Of nameless, joyful sources.

(Executed Today friend Sonechka’s original translation from the Ukrainian text, found among this collection of Olena Teliha’s work)

Their execution this date is not to be confused with the mass execution of thirty thousand-plus Jews in September 1941, the atrocity with which Babi Yar is most frequently associated. This ravine continued to be used for Nazi executioners throughout the occupation of Kiev, including for more than 600 Ukrainian nationalists — who are today honored at the site with this monument:

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1542: Kathryn Howard, the rose without a thorn

(Thanks to Lara Eakins of the TudorHistory.org Blog for the guest post. -ed.)

On this date in 1542, Henry VIII’s fifth queen, Kathryn Howard, was beheaded in the Tower of London for high treason. She was the second of Henry’s queens to face this fate, the other being Kathryn’s first cousin Anne Boleyn.

This Hans Holbein miniature is generally thought to be Kathryn Howard, though the identification is uncertain. From the TudorHistory.org blog Kathryn Howard gallery.

Kathryn Howard* was born sometime between 1518 and 1524 to Lord Edmund Howard (a younger brother of Thomas Howard, 3rd Duke of Norfolk) and his wife Joyce Culpepper. Joyce died while Kathryn was young and her father took a post in Calais, leaving Kathryn in the charge of her step-grandmother, Agnes Tilney the Dowager Duchess of Norfolk. The Duchess oversaw Kathryn’s education, but apparently didn’t keep as close an eye on other aspects of the girl’s life.

Kathryn’s first physical relationship that we know of occurred in around 1536 with her music teacher Henry Manox. In her later confession she told of “the fair and flattering persuasions of Mannock, being but a young girl, suffered him at sundry times to handle and touch the secret parts of my body…”. In late 1538, Kathryn began a sexual relationship with Francis Dereham, which was to become part of her downfall as Queen.

The next year, 1539, Kathryn took a position at court, becoming a maid of honor for Henry’s soon-to-be fourth Queen, Anne of Cleves. The Dowager Duchess of Norfolk later recalled that Henry first took notice of Kathryn at Greenwich in December of 1539 during the preparations for Anne’s arrival. Henry was famously disappointed by his new foreign bride and by early July 1540 the marriage was annulled. During the short marriage to Anne of Cleves, Henry had already begun to send gifts to Kathryn and took her as his fifth Queen on July 28th at Oatlands Palace.

Henry was 49 years old and Kathryn was no older than 22 (and more likely around 19). For all that can be said against this match, the vivacious young girl brought back some of Henry’s zest for life. The King lavished gifts on his young wife and called her his ‘rose without a thorn’ and the ‘very jewel of womanhood’.

Thomas Culpepper, a distant relation of Kathryn’s through her mother, sought favor from the Queen in early 1541 which was probably when their secret meetings began. Their rendezvous were aided by Kathryn’s lady of the privy chamber, Jane Boleyn, sister-in-law to the late Queen Anne Boleyn through Jane’s marriage to Anne’s brother George.** Also at this time, Francis Dereham returned to England from Ireland and gained a position in Kathryn’s household, possibly arranged to keep his silence about their earlier relationship.

During the summer of 1541, Henry and his young queen went on progress to the north of England and returned to Hampton Court on October 29. Just a few days later everything would begin to unravel. On November 2, Archbishop Cranmer sent a letter to the King telling him of his wife’s previous lovers. Henry seemed reluctant to believe the charges at first, but upon the questioning of Dereham and Manox –- who confirmed the allegations –- Henry left Kathryn at Hampton Court and returned to London. He never saw her again.

During the interrogations of the men, Francis Dereham said that Thomas Culpepper had replaced him in the Queen’s affections. Kathryn was presented with these new allegations and admitted to secret meetings with Culpepper (as well as the relationships with Manox and Dereham before her marriage), but denied that a sexual relationship had existed between them. Culpepper was imprisoned in the Tower of London and Kathryn was moved to the former abbey at Syon and deprived of her queenship.

Dereham and Culpepper were found guilty of treason on December 1 and were executed on December 10. Dereham was hanged, disemboweled, beheaded and quartered at Tyburn. Culpepper fared better, owing to his status, and was only beheaded. The former queen and her lady Jane Boleyn never faced a trial for their actions but instead had acts of attainder passed against them. On February 10, 1542, the ladies entered the Tower of London to await their executions.

Kathryn was told on the 12th that her execution would be the next morning and according to Imperial Ambassador Chapuys, she rehearsed the execution for several hours and even requested that the block be brought to her so she would know how to place her head. A merchant named Ottwell Johnson was an eyewitness to the execution on the morning of the 13th and wrote in a letter to his brother that Kathryn and Jane both “made the most godly and Christian end” and that Kathryn, in her scaffold speech, said that her punishment was worthy and just. (The letter is among period correspondence printed in this public-domain book.)

Kathryn’s head was struck from her body with one stoke of the axe, as was Jane’s, a merciful outcome compared to other ladies who shared their fate, such as Margaret Pole and Mary Queen of Scots. Kathryn and Jane were both quickly buried in the Chapel of St. Peter ad Vincula in the Tower precincts, joining Henry’s other beheaded queen, Anne Boleyn and Jane’s husband, George.

[flv:https://www.executedtoday.com/video/Lynne_Frederick_as_Katherine_Howard.flv 440 330]

* Or Catherine Howard, or Katherine Howard, or Katheryn Howard. Spelling at the time, even of proper names, was fluid.

** Jane Boleyn, Lady Rochford, is popularly supposed to have supplied the explosive incest allegation against her husband, George Boleyn, and his sister Anne Boleyn. Being subsequently hoisted on her own petard in the game of courtly purging, she tends to get short shrift in the sympathy department — though the fact is that we really don’t know much about her.

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2006: A female spy by al Qaeda

On this date three years ago — or at least, so says the date in the camera’s viewfinder — a female spy was “tried” and “executed” in Iraq by al Qaeda affiliated terrorists for spying.

Warning: This is (by design) a graphic and chilling video. I have little information beyond the assertion of the video posters as to its veracity. Whether or not it may be relied upon factually or dated reliably, it’s a gut-twisting video of a woman being shot in the head.

[flv:http://www.nothingtoxic.com/mediar.php?552d90ab9f59a971705f6bf3300da297.flv 440 330]

A longer version is on a very not-safe-for-work site here.

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1928: Ruth Snyder and Judd Gray

On this date in 1928, a suburban femme fatale and the corset salesman who had murdered her husband were electrocuted at Sing Sing prison.

“A cheap crime involving cheap people,” one writer called it.

“Ruthless Ruth,” as the press inevitably called her, was on the wrong side of 30 and married to a wet blanket on the wrong side of 40 from whom she couldn’t even get away during the day because they worked for the same boating magazine.

The banal hell of the bourgeoisie.

Ruth had a banal solution: commence affair with handsome, limp-willed corset salesman (also married) from New Jersey.

Given a large enough metropolis with a large enough pool of adulterous data points, it must be statistically inexorable that a certain proportion will resolve the love triangle by throttling the cuckold with a wire.

But only that remorseless calculator in the sky can compute why these two, of all those thousands, were the ones not to run off together, or let the affair fizzle, or just continue to rendezvous indefinitely into the future. They certainly weren’t constitutionally cut out for crime; they set up the room in a poor simulacrum of a robbery, and told of a couple of unknown Italians* who’d broke in and done poor Albert Snyder to death.

For their poor judgment and for the speedy collapse of their crummy alibi, journalism owes them a debt of gratitude.

The execution of a woman was quite sensational; Ruth Snyder was to be the first electrocuted since 1899.

For the occasion, The New York Daily News hired a Chicago Tribune journalist to witness the execution … and at the moment the current struck, Tom Howard hoisted his pant leg and secretly snapped with a one-use camera one of the most indelible images the death chamber offered the 20th century, to be splashed in a few hours’ time on the Daily News‘ cover under the headline

DEAD!

The Snyder-Gray adulterous melodrama and its violent conclusion inspired novelist James Cain‘s Double Indemnity, and the noir film of the same title with Barbara Stanwyck as the black widow at the center of the web.

It also inspired the state of New York to begin searching official witnesses to its electrocutions.

* Blame-the-Italians here is a Roaring Twenties Queens version of fingering the black man. The murder was committed in May 1927, just as the Sacco and Vanzetti case was approaching its climax.

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1634: Anna Tait, “trublit in conscience”

(Thanks to historian and witchcraft expert Louise Yeoman for this guest post on an obscure and once-forgotten “witch” whose human tragedy all but leaps off the page. This post was originally an article prepared for the National Library’s now-defunct journal Quatro. Her work has appeared in many more high-falutin’ places than this here blog, and she is a co-creator of the Survey of Scottish Witchcraft.)

On the trail of Anna

If you look in Christina Larner’s Sourcebook of Scottish Witchcraft, you won’t find Anna Tait. That’s because she was one of many accused witches whose names were unknown to the compilers of the sourcebook. The details of Anna and almost a hundred others were recorded in a National Library of Scotland Advocates manuscript, which was overlooked many years ago when the huge edition of Scotland’s Privy Council records was in preparation. In the closing years of the last century, the editors of the Privy Council volumes carefully combed the holdings of the National Archives of Scotland for their material. What they didn’t realise was that a single volume of the Register of Commissions for the years 1630-42 had escaped them. In it were hundreds of records of Privy Council commissions to try criminal trials.

In it was Anna Tait.

I first came across Anna and Adv. Ms. 31.3.10 when my friend and fellow researcher Dr Michael Wasser of McGill University, Montreal showed it to me in the Library’s North Reading Room. Michael was (and still is) a historian of crimes of violence in 16th-17th century Scotland, and he was instantly aware of the significance of the manuscript. Almost the first thing he pointed out to me in it was a remarkable story of family tragedy. Out of hundreds of records, this one tale of domestic misery, horror and a woman’s life stood out. It stood out to the clerk who wrote the volume too. A commission is normally a bare record of who is accused of what crime and who is to try them. But the commission to try Anna contained harrowing detail. Almost straight away I agreed to transcribe her commission and to edit it for Scottish History Society. Why was it so remarkable?

Anna Tait ‘alias ‘Hononni’, was in the Scots of the original ‘thrie several times deprehendit putting violent hands to herself at her awne hous,’ in Haddington in 1634. In other words, she was caught trying to kill herself.

In 17th century terms suicide was one of the most heinous acts one could commit. It was like witchcraft, considered to be a particularly odious crime against God’s law and it was punishable by forfeiture of the entire goods of the victim and by a dishonourable burial in unconsecrated ground. What drove Anna to such terrible lengths?

The rest of the commission made the reasons clear. When Anna was apprehended for attempted suicide, she told a terrible tale of adultery, poisoning, domestic murder, unwanted pregnancy, botched home-abortion and death. Here is this part of the commission slightly adapted and with the spelling modernised.

She was for that cause, upon the 18th of December, taken and committed to ward within the tolbooth of the said burgh where being demanded and examined why she put hands to herself, she answered that the intolerable trouble of her mind, which she conceived for the murder of her first husband called John Coltart, nolt driver [cattle drover], and for the murder of her daughter, moved her thereto.

Confessing plainly that about 28 years ago, she being married to the said John, ane aged man, before the marriage she had sundry times committed fornication with William Johnston, her present husband, and that within the time of the marriage she had likewise committed adultery with him. To be quit of her first husband, she consulted with the Devil for his destruction, and that the Devil having directed her to make a drink of foxtrie leaves [foxglove leaves], she did the same, and gave it to her husband to drink who within three hours departed this life.

Concerning her daughter, she confessed that the daughter being with child, and she [Anna] having a purpose to murder the infant in the mother’s belly, at last she consulted with the Devil. He gave her direction to buy wine and to mix it with salt and give it to her daughter to drink, which she having drunken, she shortly thereafter departed this life.

So far, so sadly comprehensible, except for the inclusion of a character whose presence might seem unnecessary to modern readers — The Devil. The Commission finally proceeds ‘upon the 8th of December instant; she had carnal copulation with the Devil in her own bed, and that upon the 11th of December the Devil came to her bedside, gripped her by the hair of her head and did nip her cheek’. Suddenly a classic case of domestic murder and family tragedy is turned to that strangest of all 17th century phenomena to the modern mind: a witchcraft accusation. This was not just a case of three in a marriage, but three plus the Prince of Darkness. However, this wasn’t a strange notion to 17th century people. Where two, three or even just one person were engaged in works of wickedness, it went almost without saying that Satan was somehow present too. Anna was tried not as an adulteress or a murderer but as a witch – the commission was the licence to the magistrates of Haddington to try her, but where was her trial?

Records of such witchcraft trials held in local, rather than central, courts rarely survive. Whilst I was working on the commissions, I happened by chance to be helping someone with a totally different enquiry. Dr John McGavin was researching records of early modern Scottish drama. We discussed his research on poet and minister James Melville and Melville’s account of a dramatic performance in St Andrews. Hearing that John was soon going to be searching through the Haddington Burgh records in the National Register of Archives, I asked him if he would keep an eye out for Anna and any other witches he might happen to spot. To my delight, I soon had an e-mail from John telling me that her trial records were in the Haddington burgh court book.

Researching witchcraft cases can be an intense mixture of horror and delight for a historian. On the one hand to find unexpected light on a unique case is a matter for rejoicing. On the other hand, the details I found in the court book were even grimmer than those of her commission.

Anna had tried several times to hang herself using her own head-dress (her curch). When she was taken into custody, her suicidal behaviours became even more extreme. She attempted suicide again, both by trying to cut her own throat and then ‘when your hands were bound and your feet maid fast in the stocks, no other meanes being left to accomplish your devilishe designes, ye knocked your heid to the wall and stocks, wherby thinking to dispatch your self.’ The court book went into more detail, it claimed that Anna had sex with the Devil in the form of a black man and in the form of the wind and had made a covenant with him. Shape-shifting was a not uncommon piece of Scottish popular belief about Auld Nick, but on top of it were overlaid the sinister assumptions of European theories about demonic pact. One didn’t just meet the Devil according to the demonologists, one had sex with him, took his mark and swore one’s soul away to him. Anna was explicitly accused of all three actions.

The trial also gave more personal information about Anna to add to that from the commission. Taking both sources together we can say a little about her. She had married her first husband John Colthard, the cattle drover, 28 years ago at a place called ‘Furd Kirk’ in England in 1606. Cattle drovers went far afield in the course of their work and Anna had obviously travelled too. Interestingly enough she was accused of having made an appointment to meet the Devil at ‘Ellerslie’. The only places of this name are to be found over in the West of Scotland and not near her home in Lothian. Given 17th century spelling this may also have been the little Lanarkshire village of Elderslie, famed as the birthplace of William Wallace. Whichever it was, Anna’s world clearly stretched well beyond the confines of Haddington.

Age of marriage could be quite late in 17th century Scotland, so Anna was probably about or just under 50 years of age. Her second husband William Johnston was a miller who had lived at Winram, nearby Anna and her first husband. The proximity had assisted their illicit affair. Millers and cattle drovers could be prosperous members of an early modern community, so it is likely that Anna too had some standing in her community to keep up. She was probably very far from the stereotypical portrait of an accused witch as a poor begging woman going door to door looking for alms.

At sometime in her life Anna had acquired the alias ‘Hononni’, a Scottish variant of the English ‘Hey nonny no!’ a popular nonsense refrain in songs. It was an ironically jolly nickname for someone whose life was characterised by murder, tragedy and despair. We find the name of her beloved daughter too –- Elizabeth Johnston who died from the botched abortion. The records of this are chilling

The said Elizabeth, being as ye confessed with child (to whom, few but yourself knows and neither will ye reveal the truth of it), and apparently being loath to let it be known to whom the child belonged, she and ye sought all means to kill, to murther the child in her belly, that it might not come to light who was the father thereof, or how it was gotten, whether in adultery or incest, or what other unlawful way.

To that effect ye consulted with diverse of your confederates fra whom, ye got sundry feall [evil] counsel and by their advice, administered feall drinks to your daughter. But these not doing your turn and all other means failing you, ye went to your old maister the devil … who gave you advise to buy ane mutchkin of white wine, and mix a pint thereof with salt and minister the same unto your daughter, and it would do your turn. The which cruel and devilish counsel ye willingly obeyed and fetched the wine, mixt with the same with salt and gave it to your daughter to drink. By which she presently swelled and shortly thereafter both she and the child died.

In token wherof, you have confessed that the devil gave you as much money in true and real turners [small copper coins] as would buy the said mutchkin of wine and salt. And this deed only of all the devilish and abominable actions has most troubled you, and been the greatest cause of your desire to murder yourself.

In trying to cover up her daughter’s unwanted pregnancy, Anna ended up killing her child. Blaming herself for Elizabeth’s death, Anna no longer wanted to live. She tried repeatedly to kill herself. When it was put to her that the Devil had advised her do all this and that she had become a witch, it seems she barely bothered to defend herself. After all, even though she might have wanted to avoid the shameful death of being strangled and burned at the stake, at least it would have the virtue of ending her life. When the court asked whether she wanted anyone to speak in her defence, she answered ‘none but God in heaven’.

To modern eyes, Anna’s situation seems clear-cut. She had done some terrible things and for very understandable human reasons she wanted to die. Even in 21st century Scotland we would insist that, at the very least, Anna should go to jail for murdering her first husband and that she should be prevented from killing herself. Yet in 21st century Scotland, Anna would have been able to obtain a divorce from her first husband and her daughter would have been able to obtain an abortion (whatever you think of that). So the whole catalogue of tragedy might not have happened at all, or then again, perhaps it might. Was Anna a victim of a society which stacked the cards against women through its interpretation of the Bible or was she the sort of callous person who might have murdered a spouse despite all the advantages of a modern legal system? After all, the murders of spouses still occur. These are questions the historian can only raise and cannot answer.

Even in today’s society, however, a female criminal who had committed crimes of violence comparable to Anna’s would be unusual. To a 17th century society she was such a paragon of horror that the Devil had to be invoked to explain her conduct. In a society which stressed a woman’s subordination to her husband and saw her only rightful adult roles being those of a wife or a mother, Anna was a monster. To her community, she was not only an attempted self-murderer but also an adulteress and the unnatural murderer of her husband, daughter and unborn grandchild. By confessing to witchcraft, she had just about collected the set of the most appalling crimes a 17th century woman could commit. To be regarded with such horror in contemporary society, a woman would probably need to be accused of a string of serious offences against children or young people.

However Anna’s case also raises the question of her mental state and how issues of mental disturbance and suicidal urges were dealt with in her society. Such a suicidal defendant in a modern case might be found unfit to plead, but how did Anna’s contemporaries see her mental distress? Anna was ‘trublit in conscience’ and this points to the beliefs which probably helped to seal her fate. Despair as to whether one was part of the Calvinist ‘Elect’ or whether one was going to hell was a perfectly respectable state in Early Modern Scotland –- even to the extent of repeated suicidal impulses. This can be seen from the diaries, books, letters and sermons of radical Presbyterians and Covenanters. It was a very common phase of the Calvinist conversion experience of the 17th century. Demonic or even suicidal temptations were an almost a normal complication of the road to heaven. To despair over committing terrible sins worthy of hell-fire was not seen as being mentally unstable but as being eminently sane. Any reasonable Bible-believing person might think that way.

So Anna’s despair may have made her seem more culpable, rather than less culpable, to her interrogators whose beliefs would be that in her agony she had done utterly the wrong thing and turned in absolutely the wrong direction. She had, in their minds, turned to the Devil and not to God. Instead of despair proving to be a half-way stage for Anna on the road to conversion and eternal glory, Anna, it seemed by her confession, had failed to choose eternal life and had instead perversely chosen the ultimate dead-end: Hell. This was an offence made all the more horrible, as heaven in its Calvinist form, was no doubt being held out to her every Sabbath in their local church. Perhaps the reason it was necessary to punish the despairing so emphatically was pour encourager les autres; to make sure that when people experienced despair, they would in the Church’s eyes make the right choice: that they would resist the temptation and intensify their piety until the threat was overcome.

Faced with the reality of burning large numbers of accused witches amongst whom they found the suicidal and the mentally disturbed, later generations of Scottish Privy Councillors increasingly doubted the wisdom of this approach. In 1662 in the midst of a nation-wide witch-panic the council issued commissions under strict orders that to proceed with executing a convicted witch, it must be found that ‘At the tyme of their confessions they were of right judgement, nowayes distracted or under any earnest desyre to die’. Almost 30 years after Anna’s death, Scotland’s elite were becoming sensitive to the issue of attempted suicide by witch-confession and the mental state of the accused. It came much too late to affect Anna and because of her murder confession wouldn’t have saved her anyway, but it shows a little how things moved on even in that relatively short time frame. For Anna there could only be one ending — execution. Because she had confessed she was not burnt alive [burning alive tended to be reserved for those who died ‘impenitent’ ie. they refused to confess]. Her sentence was as follows:

It was given for doom [sentence] by the mouth of William Sinclair dempster [pronouncer of sentence] that the said Anna Tait should be taken, her hands bound behind her back and conveyed by William Allot, lockman [executioner] of Haddington to the ordinary place of execution, and there wirried [strangled] to the death at ane post and thereafter her body to be burnt in ashes, desuper act.

Note on sources

The commission for Anna’s trial is edited from Adv.Ms.31.3.10, f.102v. Her trial records may be found in National Archives of Scotland, Haddington Burgh Court Register B30/10/13, fos.24r-26v. A calendar of the witchcraft commissions in Adv. Ms 31.3.10 (including transcriptions of Anna Tait’s commission and her trial records) has been prepared by the author for Julian Goodare (ed.), Miscellany XIII, Scottish History Society, forthcoming.

On this day..

1903: Emily Swann and John Gallagher, the Wombwell murderers

On this date in 1903, a 42-year-old mother of 11 was hanged side by side with her 30-year-old lover for murdering an abusive husband in the small South Yorkshire town of Wombwell.

That June, Emily Swann had shown her outgoing boarder and lover John Gallagher (together with some neighbors) the results of William Swann’s latest beating. John returned to the house and repaid the injuries in kind — and with interest.

After some minutes of fighting audible to the neighbors, Bill had been beaten to death.

Emily’s battered-wife situation might cut a lot more ice today, but by the jurisprudence of the day it was a fairly straightforward case, especially since all kinds of incriminating remarks were attributed by the neighbors to both Emily and John — “Give it to him, Johnnie, punch him to death,” for instance, and Gallagher’s own mid-bout respite at a neighbor’s house where he reported having broken four ribs with plans to break more. Both illustrated a level of intent among both parties beyond the heat of passion.

And you wouldn’t say the authorities were disposed to sympathize with Emily’s situation in general. They rather viewed her immorality — with John and otherwise — as the cause of the thrashings William gave her.

the wonder is that he has not killed her. He has frequently gone home after leaving work and found his wife drunk in the house and nothing prepared for him in the way of food. (case file comment, quoted here)

Fortified by a stiff drink of brandy, Emily Swann glided onto the platform at Leeds’ Armley Prison beside her already-trussed defender and delivered the somewhat famous greeting, “Good morning John.” Gallagher managed to return the salutation, and a few seconds before both were launched into eternity, she replied, “Good-bye. God bless you.”

It was an unusual exchange because the English execution protocol did not solicit remarks from the doomed prisoner, and in the occasional double hangings,* most participants were too frightened, awed or preoccupied to make small talk with their fellow-sufferers in the few seconds available.

* England would soon do away with double hangings altogether. Subsequent convicts to be hanged “together,” like Edith Thompson and Frederick Bywaters, were in fact executed simultaneously but at different prisons.

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1855: The slave Celia, who had no right to resist

(Thanks to Caitlin at Vast Public Indifference for the guest post -ed.)

In 1850, 60-year-old Robert Newsom, a prosperous farmer, traveled forty miles from his home in Callaway County, Missouri to neighboring Audrain County to buy a slave. Newsom was the head of a large and complex household that included several of his grown children, grandchildren, and five enslaved boys and men. His wife had died a few years earlier, a consideration that may have influenced his decision to purchase a female slave, a fourteen-year-old girl named Celia.

From the first day, Newsom treated Celia as his concubine. Testimony given before the Missouri Supreme Court in 1855 indicates that Newsom raped Celia for the first time on the journey home from the slave market. He installed her in a small cabin behind his house, where he continued to rape her on a regular basis over the next five years. During that time, she gave birth to two children.

In the spring of 1855, Celia began a relationship with George, another slave on the farm, and soon discovered that she was pregnant again. At George’s urging, Celia approached Newsom’s daughters and pled with them to protect her from their father during her pregnancy. The oldest daughter, Mary, later testified that Celia had threatened to hurt Newsom if he came to her cabin again, but there is no evidence that either she or her sister intervened.

On the night of June 23, 1855, Robert Newsom went to Celia’s cabin, no doubt intent on raping her yet again. He never returned to his own home.

Although Celia was never allowed to testify in her own defense, investigators reconstructed the events of the night through a combination of physical evidence and Celia’s confession. Fearful of Newsom, Celia had hidden a hefty stick in a corner of her cabin. When Newsom attacked her that night, Celia retrieved her weapon and beat him to death with it. She then dismembered the body and burned it to ashes in her fireplace. The next morning, Celia offered Newsom’s eleven-year-old grandson two dozen walnuts in exchange for his help cleaning out the fireplace and spreading the ashes in the yard.

The jury that convicted Celia of murder accepted her confession as fact, but some elements of her tale do not ring true. As Melton McLaurin observes in his book, Celia, A Slave, the task of cutting enough wood and tending the roaring fire necessary to consume a human corpse in a single night “would have taxed the strength of a healthy woman, and Celia was pregnant and sick” (McLaurin, 49). McLaurin implies that George either helped Celia or was primarily responsible for Newsom’s demise and that Celia may have lied to protect him. George disappeared shortly after the murder and was never arrested or charged.

Celia stood trial for Newsom’s murder in October of 1855 (State of Missouri v. Celia, a Slave). Her lawyer, John Jameson, argued that Celia was legally entitled to defend herself from a would-be rapist under an 1845 law that made any attempt “to take any woman unlawfully against her will and by force, menace or duress, compel her to be defiled” a felony. He requested that the jury be instructed that

The words “any woman” in the first clause of the 29th section, of second article of laws of Missouri for 1845, concerning crimes & punishments, embrace slave women, as well as free white women.

The judge, William Augustus Hall, refused to honor the defense’s motion. Instead, he instructed the jury that a slave had no right to resist her master, even in the case of sexual assault. The jury found Celia guilty and sentenced her to death. (Celia’s child was delivered stillborn in prison.) The Missouri Supreme Court denied her appeal, and she was hanged on December 21, 1855.

Celia’s story is currently part of the interactive Slavery and the Making of America exhibit at PBS.org.

For more information, please see the following books:

McLaurin, Melton A. Celia, a Slave: A True Story. (University of Georgia Press, 1991). Google Books preview

Gordon-Reed, Annette, ed. Race on Trial: Law and Justice in American History. (Oxford University Press, 2002). Google Books preview.

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